The Evolution of Genocide: A Historical Perspective and Modern Legal Frameworks

In the annals of history, the term "genocide" emerges as a poignant reminder of humanity's darkest moments. While the word itself may be relatively new, its roots trace back to ancient atrocities, echoing the cries of countless oppressed communities throughout time. It was in the crucible of the 20th century that the concept of genocide crystallized, propelled by the pioneering

work of Rafael Lemkin, a legal scholar whose relentless pursuit of justice reshaped the landscape of international law.

The term "genocide" may be new in language, but the concept is ancient. In the seminal work "Genocide: Its Political Use in the Twentieth Century" by Leo Kuper, the evolution of this term and its profound implications are explored. Rafael Lemkin first coined the term by combining the Greek word "genos," meaning race or tribe, with the Latin "cide," meaning killing. In his seminal work "Axis Rule in Occupied Europe" in 1944, Lemkin conceptualized genocide as the destruction of nations, targeting national groups as entities rather than individuals. He outlined two phases: the destruction of the national pattern of the oppressed group and the imposition of the national pattern of the oppressor.

Lemkin's insights laid the foundation for a new era of legal discourse, culminating in the post-World War II era with the establishment of landmark conventions and tribunals. The post-World War II era saw significant developments in addressing genocide and crimes against humanity. The Nuremberg Charter, adopted in 1945, and the subsequent verdict of the Nuremberg Trial in 1946 established a framework for prosecuting crimes against peace, war crimes, and crimes against humanity. These principles were later recognized as Customary International Law by the United Nations.

The year 1948 marked a turning point with the adoption of the Universal Declaration of Human Rights and the UN Convention on Prevention and Punishment of the Crime of Genocide (Genocide Convention). These landmark documents crystallized the international community's commitment to safeguarding human dignity and preventing future atrocities. The Genocide Convention, in particular, articulated a comprehensive framework for identifying and prosecuting acts of genocide, underscoring the imperative of collective action in the face of genocide's insidious threat. The Genocide Convention defined genocide under Article 2 as acts committed with the intent to destroy a national, ethnical, racial, or religious group, including killing, causing serious bodily or mental harm, imposing conditions of life to bring about physical destruction, preventing births, and forcibly transferring children.

For fifty years following the establishment of the Genocide Convention, the world witnessed a deafening silence in the realm of international justice. Despite the Convention's mandate to prosecute genocide, no trials were convened. However, the 1990s marked a pivotal moment in history as the global community stirred from its slumber in response to egregious acts of genocide and crimes against humanity in Yugoslavia and Rwanda. The establishment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 and the International Criminal Tribunal for Rwanda (ICTR) in 1994 signaled a shift towards accountability for mass atrocities.

Yet, amidst this awakening, the untold story of Shaista Ekramullah sheds light on the overlooked contributions of individuals to the development of international legal frameworks. Shaista Ekramullah, a member of the Suhrawardy family of Bengal, played a crucial role in the drafting of the Genocide Convention in 1948 as a member of the Pakistan delegation. Despite her significant involvement, her contributions remained unrecognized, echoing a broader issue of marginalized voices within historical narratives. Reflecting on her encounter with Rafael Lemkin, the architect of the term "genocide," Ekramullah lamented the lack of recognition for the plight of her people and expressed disappointment in the reluctance of powerful nations to endorse genocide as a punishable crime. During the debates at the Genocide Convention, contentious discussions arose regarding the accountability of governments and state leaders for genocide. Ekramullah highlighted the inadequacy of solely targeting legally constituted authorities, citing historical precedents such as Nazi Germany and the activities of the RSS in India.

The establishment of the International Criminal Court (ICC) in 2002 marked a significant milestone in the pursuit of justice for international crimes. Defined within its mandate under Article 6 were core crimes, including genocide, crimes against humanity, war crimes, and the crime of aggression, echoing the principles outlined in the Genocide Convention.

In Bangladesh, the enactment of the International Crimes Tribunal Act of 1973 and the subsequent establishment of the International Crimes Tribunal in 2010 represent a pivotal step towards addressing historical injustices. With its inclusion of political groups and recognition of rape as a crime against humanity under section 3(2), the Act expanded the scope of accountability for atrocities committed during times of conflict.

Furthermore, the Rome Statute of the International Criminal Court of 1998 broadened the definition of crimes against humanity to encompass a wide range of acts perpetrated against civilian populations. This expansion included acts such as murder, enslavement, torture, and sexual violence, reflecting a commitment to combating impunity on a global scale.

The importance of genocide studies lies in its role in preventing atrocities, aiding post-conflict societies, and contributing to the establishment of peaceful and tolerant societies. Through the establishment of international tribunals, the enactment of domestic legislation, and the evolution of international legal frameworks, strides have been made towards holding perpetrators accountable and ensuring that the voices of victims are not forgotten in the annals of history. By honoring the voices of survivors and amplifying their stories, we can forge a path towards reconciliation and healing, ensuring that the horrors of genocide remain confined to the annals of history. By learning from history and acknowledging the complexities of human rights violations, the global community can strive towards a future free from genocide and crimes against humanity.

Md. Shawkat Alam Faisal is an Apprentice Lawyer at the Bangladesh Bar Council and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi.